§ 196-7. Replacement.  


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  • A. 
    The Environmental Commission, Architectural Review Board, or the Superintendent of Buildings, as applicable, may require the planting of the same species or an agreed-upon alternate species of specimen or nonspecimen trees which are as nearly comparable in type and size as practical to the specimen or nonspecimen trees to be removed, destroyed or affected by the alteration, when the individual character of the specimen or nonspecimen trees or the ecological setting requires special consideration, as a condition for the issuance of a permit for removal, destruction or alteration. The location for planting of the replacement specimen or nonspecimen trees shall be specified prior to issuance of the permit for removal.
    B. 
    In the event the Environmental Commission, Architectural Review Board, or the Superintendent of Buildings determines that replacement planting is required pursuant to Subsection A but that, either upon request of the applicant or upon its own review, the Commission, Board or Superintendent determines that replacement planting of one or more trees to be removed is impractical, unfeasible or undesirable within the confines of the subject property, a fee of $75 per inch of diameter of each such tree required to be replaced shall be assessed, collected and placed in a trust account for replacement planting of specimen or nonspecimen trees on public property and associated equipment for such purposes consistent with the findings in § 196-1 of this chapter.
    C. 
    A trust account is hereby authorized and directed to be established from which funds collected pursuant to this section may be held and expended for replacement planting of specimen and nonspecimen trees on public property and for equipment associated therewith to carry out the public purposes recited in § 196-1 of this chapter.
    D. 
    Any proposed change in landscaping that involves the removal of trees must be accompanied by a landscape plan, submitted by a certified landscape architect with seal and signature, showing the caliper of trees to be removed and a list of replacement trees cumulatively resulting in a minimum 10% additional caliper.
Amended 6-18-2002 by L.L. No. 2-2002; 11-15-2010 by L.L. No. 5-2010